FEATURE ARTICLE
Washington State Pollution Control Hearings Board Clarifies Relinquishment Exemption for ‘Determined Future Development’ by Sarah E. Mack, Tupper Mack Wells PLLC, Seattle, Washington35
LEGISLATIVE DEVELOPMENTS
A Summary of New California Water-Related Legislation from the 2011 Legislative Session41
FLOOD CONTROL DEVELOPMENTS
Flood Control Management and Liability Update43
REGULATORY DEVELOPMENTS
Oregon Set to Enact Strict, New Water Quality Standards to Satisfy EPA and Confederated Tribes of Umatilla Reservation46
LAWSUITS FILED OR PENDING
Idaho Corporation Moves for Dismissal of Complaint—Seeks to End Water Treatment Requirements on Expired State Mining Claim48
Idaho Conservation League v. Atlanta Gold Corporation, Case No. 1:11-cv-161, filed April 18, 2011 (D. Idaho).
JUDICIAL DEVELOPMENTS
Federal:
Tenth Circuit Denies District Attorney’s Citizen Suit Based on a Lack of Standing under the Clean Water Act51
Thiebaut v. Colorado Springs Utilities, ___F.3d___, Case No. 10-1471 (10th Cir. Oct. 12, 2011).
District Court Grants Motion to Dismiss Claim Involving Colorado River Water against
Development of Solar Energy Plant for Lack of Standing52
California Unions for Reliable Energy v. U.S. Department of the Interior, ___F.Supp.2d___, Case No. CV-10-9932 (C.D. Cal. Sept. 22, 2011).
District Court Addresses Scope of EPA’s Authority under the Clean Water Act in Connection with Dredge and Fill Permits55
National Mining Association v. Jackson, ___F.Supp.2d___, Case Nos 10-1220 (RBW), 11-0295, 11-0446, 11-0447 (D. D.C. Oct. 6, 2011).
District Court Holds Insurer Has Duty to Defend Underlying CERCLA Action Given the Potential for Property Damage with ‘Continuous Release’ of Mining Tailings57
Wells Cargo, Inc. v. Transport Insurance Company, ___F.Supp.2d___, Case No. 1:08-CV-00491-BLW (D. Id. Oct. 26, 2011).
State:
Colorado State District Court Orders Mining Company to Clean Up Uranium Contamination that Could Impact Drinking Water59
Cotter Corp. v. Mined Land Reclamation Board, Case No. 2010C7609 (Dist. Ct. Denver Sept. 30, 2011).
Longstanding Groundwater Litigation Continues in North Texas Following Court of Appeals Finding of Defective Jury Instructions61
South Plains Lamesa R.R. v. Kitten Family Living Trust, Case No. 07-09-0343-CV (Tex.App. Sept. 6, 2011).
